The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A CRIME Scene Investigator opened a sealed paper package that was supposed to contain a shirt collected from the scene where a body, believed to be of a male, was found in bushes behind an apartment.

However, when Constable Denrea Johnson unsealed the package, held it up and turned it over, another sealed package dropped before her instead of a black Bob Marley shirt.

Crown prosecutors then requested to have a legal discussion in the absence of the jury, who were then asked by Justice Bernard Turner to return to court the following day due to time constraints.

Kofhe Goodman, through his attorney Geoffrey Farquharson, objected to the opening of the sealed package on the basis that the chain of custody for the handling of the evidence was not established and that the court should be satisfied that the bag was never opened.

Murder Charge and Investigator Testimony

Goodman, 37, of Yorkshire Drive, faces a murder charge which he denies. It is claimed that between September 23 and 28 of 2011, he intentionally and unlawfully caused the death of Marco Archer who disappeared from Brougham Street and was found dead days later.

In yesterday’s proceedings, when questioned by prosecutor Darrell Taylor, Constable Johnson said that some of her general duties as a CS investigator included photography, evidence, print and post-mortem sample collections.

She noted the need to wear protective gear depending on the type of crime scene, but noted that at least gloves and masks are worn at all times. She said that at this particular scene, she wore those and a full body suit.

Speaking about her involvement in the matter, she said on the day in question, September 28, 2011, she received certain information and instructions from a senior officer and proceeded to Yorkshire Street with colleagues.

Upon arrival, she received further information and instructions that led her to go to the rear of a five-unit condominium where a number of things were pointed out to her.

Johnson said she saw a suitcase that was on top of what appeared to be a nude human body, plastic underneath the suitcase and on top of the human remains, the remains were in a sheet bound at the ends with maggots coming from the sheet and that garbage and debris were under the sheet.

The policewoman said that Sgt James Colebrooke untied the sheet and upon closer inspection, to her, it appeared to be a male lying in a fetal position with buttocks exposed and body covered in maggots from head to toe.

After receiving additional information and instructions, she was then led to a garbage storage area where she saw a bag on the ground near the second of five bins.

Upon opening the bag, she saw what appeared to be a black Bob Marley shirt, khaki pants, blue and yellow slippers and a pair of blue and yellow boxers.

Officer Johnson said she collected, signed and sealed the items which she carried to the police force’s forensic lab on October 3 for analysis.

“What caused you to say it was a male?” the prosecutor asked.

“When the knot was untied, it appeared to be the remains of a scrotum or penis,” the officer answered.

Collected Items in Question

“You mentioned you collected certain items?” the prosecutor asked the witness.

Constable Johnson said she did and that all of the items she collected bore her signature and writing.

At this stage, Mr Farquharson objected, asserting that the evidence the Crown tried to exhibit had no relevance to the case.

Justice Bernard Turner inquired from the prosecutor if the Crown intended to exhibit the items. Taylor replied in the affirmative.

A legal discussion then took place in the absence of the jury for 15 minutes before they were recalled to the courtroom where the prosecutor resumed her questioning.

“Did you have occasion to have those items again?” the prosecutor asked.

Johnson answered that an exhibits officer brought the items to the court in a box where she extracted the items she had collected with reference to the case.

Mr Farquharson objected to this, though Justice Turner accepted the explanation and the testimony continued.

After producing the paper packages she previously spoke of, the judge allowed both the prosecutor and defending attorney to approach the witness stand to inspect the packages up close, which also contained a forensics lab seal at the bottom.

The prosecutor asked the investigator if she had personally sealed that package.

“Yes,” the officer answered.

Mr Farquharson interrupted that the witness needed to satisfy the court that the bag was never opened and that the Crown needed to prove that a chain of custody of the items existed.

When questioned by prosecutor Taylor, Johnson said she could not speak to the other markings on the package(s).

Another legal discussion was had in the absence of the jury, though this lasted only five minutes.

Upon continuation of the trial, Johnson was allowed to break her seal on the package after noting the writing that was inscribed by her on the package. The writing noted the date, the item contained, “a grey-black Bob Marley shirt,” the victim, stated as “unknown”, the suspect, “Eduardo Ferguson,” and the date the item was collected, “28th of September 2011.”

When Constable Johnson unsealed the package, held it up and turned it over, another sealed package dropped before her instead of a black Bob Marley shirt.

Crown prosecutors then requested to have a legal discussion in the absence of the jury.

However, noting that he had another matter to attend to at 4:30pm, Justice Turner asked the jury to return to court the following day at 10am.

Garvin Gaskin, deputy director of public prosecutions, with assisting prosecutors Neil Braithwaite and Darrell Taylor, represent the Crown.